Judgment of the General Court of 28 September 2010 - Market Watch v OHIM - Ares Trading SA (Seroslim)
(Community trade mark - Opposition proceedings - Application for the Community word mark Seroslim - Earlier Community word mark SEROSTIM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Market Watch Franchise & Consulting, Inc. (Freeport, Bahamas) (represented by: J. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent,)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ares Trading SA (Aubonne, Switzerland) (represented by: M. De Justo Bailey and M. De Justo Vazquez, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 6 March 2008 (Case R 805/2007-2) relating to opposition proceedings between Ares Trading SA and Market Watch Franchise & Consulting, Inc.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Market Watch Franchise & Consulting, Inc. to pay the costs.
____________1 - OJ C 197, 2.8.2008.